§ 7-218

Maryland § 7-218

• Jurisdiction: Maryland
• Article gpu: Public Utilities
• Title: 7

Text

(a) (1) In this section the following words have the meanings indicated.

(2) “Agrivoltaics” has the meaning stated in § 7–306.2 of this title.

(3) “Brownfields site” has the meaning stated in § 7–207 of this subtitle.

(4) “Local jurisdiction” includes counties, municipal corporations, and other forms of local government.

(5) “Priority preservation area” means an area certified as a priority preservation area under § 2–518 of the Agriculture Article.

(6) (i) “Project area” means an area within which construction, materials and equipment storage, grading, landscaping, and related activities for a project may occur.

(ii) “Project area” includes one or more contiguous parcels or properties under the same ownership or lease agreement.

(b) This section applies only to a solar energy generating station that:

(1) has the capacity to produce more than 1 megawatt of electricity as measured by the alternating current rating of the station’s inverter;

(2) (i) is designed to produce electricity for sale on the wholesale market;

(ii) is a community solar energy generating system under § 7–306.2 of this title; or

(iii) is part of aggregate net metering under § 7–306.3 of this title; and

(3) is not located on a rooftop, carport, or brownfields site or behind the meter of a retail electric customer.

(c) A person may not begin construction of a solar energy generating station unless:

(1) the Commission or, for a solar energy generating station that has the capacity to produce not more than 2 megawatts of electricity as measured by the alternating current rating of the station’s inverter, the local jurisdiction verifies that the proposed construction meets all of the site requirements under subsection (f) of this section;

(2) for a solar energy generating station that has the capacity to produce more than 2 megawatts of electricity as measured by the alternating current rating of the station’s inverter:

(i) a certificate of public convenience and necessity has been issued in accordance with § 7–207 of this subtitle;

(ii) a distributed generation certificate of public convenience and necessity has been issued in accordance with § 7–207.4 of this subtitle; or

(iii) the construction has been approved by the Commission in accordance with § 7–207.1 of this subtitle; and

(3) the construction has received approval for all local permits required under § 7–207(h) of this subtitle.

(d) (1) A person that submits an application for approval of the construction of a solar energy generating station in accordance with § 7–207, § 7–207.1, or § 7–207.4 of this subtitle shall include with the application written documentation or other evidence showing that the proposed construction meets the requirements under subsections (f) and (g) of this section.

(2) For a solar energy generating station that has the capacity to produce not more than 2 megawatts of electricity as measured by the alternating current rating of the station’s inverter, a person that submits a site development plan to a local jurisdiction shall include with the plan written documentation or other evidence showing that the proposed construction meets the requirements under subsections (f) and (g) of this section.

(e) (1) When verifying whether the documentation provided under subsection (d) of this section meets the requirements under subsections (f) and (g) of this section, the Commission or local jurisdiction shall, if the proposed location of the solar energy generating station is in an area considered to be overburdened and underserved, as defined in § 1–701 of the Environment Article, require the person constructing the solar energy generating station to hold at least two public meetings in the community where the solar energy generating station is to be located to collect community feedback and provide opportunities to address community feedback.

(2) (i) Subject to subparagraph (ii) of this paragraph, the meetings required under paragraph (1) of this subsection shall be held:

1. in the county in which the proposed solar energy generating station is to be located; and

2. within 10 miles of the proposed location of the solar energy generating station.

(ii) If the owner of a proposed solar energy generating station cannot find a meeting location that meets the requirements of subparagraph (i) of this paragraph, the owner may select an alternative location that is as close as practicable to the location of the proposed solar energy generating station.

(f) (1) This subsection does not apply to agrivoltaics.

(2) Except as provided in paragraph (10) of this subsection, an owner of a proposed solar energy generating station:

(i) shall provide a boundary of 150 feet between the solar energy generating station and the nearest wall of a residential dwelling;

(ii) shall provide a boundary of 100 feet between the solar energy generating station and all property lines, not including property lines that bisect the interior of a project area;

(iii) 1. shall provide nonbarbed wire fencing:

A. only on the interior of a landscape buffer or immediately adjacent to a solar energy generating station;

B. that is not more than 20 feet in height;

C. that is only black or green vinyl wire mesh if the owner proposes to use chain link fencing; and

D. that is not less than 50 feet away from the edge of any public road right–of–way; and

2. may use barbed wire fencing around the substations or other critical infrastructure for protection of that infrastructure;

(iv) shall provide for a landscaping buffer or vegetative screening in accordance with paragraph (4) of this subsection;

(v) except for equipment required for interconnection with electric system infrastructure, may not locate any solar array, ancillary equipment, or accessory buildings or facilities within a public road right–of–way;

(vi) 1. shall mitigate the visual impact of the solar energy generating station on a preservation area, rural legacy area, priority preservation area, public park, scenic river or byway, designated heritage area, or historic structure or site listed on or eligible for the National Register of Historic Places or relevant county register of historic places; and

2. A. for a solar energy generating station that has the capacity to produce more than 2 megawatts of electricity as measured by the alternating current of the station’s inverter, shall include in the application submitted under subsection (c)(2) of this section a viewshed analysis for any area, structure, or site specified in item 1 of this item; and

B. for a solar energy generating station that has the capacity to produce not more than 2 megawatts of electricity as measured by the alternating current of the station’s inverter, shall include in an application for a site development plan a viewshed analysis for any area, structure, or site specified in item 1 of this item; and

(vii) shall provide notice of each proposed solar energy generating station to the emergency response services of each county in which any portion of the generating station is to be constructed, including a map of the proposed generating station and the proposed location of any solar collector or isolator switch.

(3) A local jurisdiction may not require the use of a berm for a solar energy generating station approved under this section.

(4) The buffer or vegetative screening required in paragraph (2)(iv) of this subsection shall:

(i) be not more than 35 feet wide;

(ii) be provided along:

1. all property lines;

2. locations of the exterior boundary for the solar energy generating station where existing wooded vegetation of 50 feet or more in width does not exist; or

3. an alternative location within the boundary for the solar energy generating station if the owner demonstrates that the alternative location would maximize the visual screening;

(iii) provide for four–season visual screening of the solar energy generating station;

(iv) be placed between any fencing and the public view;

(v) include multilayered, staggered rows of overstory and understory trees and shrubs that:

1. are a mixture of evergreen and deciduous vegetation;

2. are predominantly native to the region;

3. are more than 4 feet in height at planting;

4. are designed to provide screening or buffering within 5 years of planting;

5. may not be trimmed to stunt upward or outward growth or to otherwise limit the effectiveness of the visual screen;

6. conform to the plant size specifications established by the American Standard for Nursery Stock (ANSI Z60.1); and

7. are specified in a landscaping plan prepared by a qualified professional landscape architect;

(vi) be installed as early in the construction process as practicable and before the activation of the proposed solar energy generating station;

(vii) preserve to the maximum extent practicable and supplemented with new plantings where necessary, any forest or hedgerow that exists at a location where visual screening or landscape buffering is required; and

(viii) shall be maintained with a 90% survival threshold for the life of the solar energy generating station through a maintenance agreement that includes a watering plan.

(5) With respect to the site on which a solar energy generating station is proposed for construction, the owner of the solar energy generating station:

(i) shall minimize grading to the maximum extent possible;

(ii) may not remove topsoil from the parcel, but may move or temporarily stockpile topsoil for grading;

(iii) to maintain soil integrity, shall plant native or noninvasive naturalized vegetation and other appropriate vegetative protections that have a 90% survival threshold for the life of the solar energy generating station;

(iv) shall limit mowing and other unnecessary landscaping;

(v) may not use herbicides except to control invasive species in compliance with the Department of Agriculture’s weed control program; and

(vi) shall post for the first 5 years of the life of the solar energy generating station a landscaping bond equal to 100% of the total landscaping cost with the county in which the solar energy generating station is located.

(6) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, a local jurisdiction shall hold any landscaping bond required under paragraph (5)(vi) of this subsection for 5 years.

(ii) A local jurisdiction shall release 50% of the landscaping bond if, on inspection, the vegetative protections meet a 90% survival threshold.

(iii) Following the release of a landscaping bond under subparagraph (ii) of this paragraph, the remaining landscaping bond shall be held for an additional 2 years and, on further inspection and confirmation that the vegetative protections continue to meet a 90% survival threshold, shall be released.

(7) Except as required by law, or for safety or emergency, the solar energy generating station may not emit visible light during dusk to dawn operations.

(8) (i) This paragraph does not apply to:

1. equipment necessary for interconnection with the electric system; or

2. solar energy generating stations located on land that is also used for agricultural purposes.

(ii) A proposed solar energy generating station and any accessory structures associated with the station must have an average height of not more than 15 feet.

(9) Setbacks for solar energy generating stations:

(i) shall be measured from the property boundary to the nearest solar array or accessory equipment, buildings, or facilities that generate, maintain, operate, manage, distribute, and transmit electricity; and

(ii) may not apply to any interconnection tie line or facility that connects a solar energy generating station to the electric system.

(10) (i) The owner of a proposed solar energy generating station may provide to the Commission or local jurisdiction written documentation of a siting agreement:

1. entered into with the county in which the proposed solar energy generating station is to be located; and

2. that provides less stringent restrictions than those specified under this subsection.

(ii) If a proposed solar energy generating station provides to the Commission or local jurisdiction written documentation in accordance with subparagraph (i) of this paragraph, the proposed solar energy generating station shall be considered as meeting the requirements of this subsection.

(g) An owner of a solar energy generating station:

(1) shall enter into a decommissioning agreement with the Commission on a form that the Commission provides;

(2) shall post a surety bond with the Commission for not more than 125% of the estimated future cost of decommissioning the solar energy generating station and its related infrastructure, less any salvage value; and

(3) shall execute a securitization bond true–up every 5 years.

(h) (1) Except as provided in paragraphs (3) and (4) of this subsection, a local jurisdiction may not:

(i) adopt zoning laws or other laws or regulations that prohibit the construction or operation of solar energy generating stations; or

(ii) deny site development plans for solar energy generating stations that meet the requirements of subsection (f) of this section.

(2) A local jurisdiction shall:

(i) expedite the review and approval of site development plans for solar energy generating stations if those plans meet the requirements of this section; and

(ii) for solar energy generating stations with a generating capacity of not more than 5 megawatts, as measured by the alternating current rating of the solar energy generating station’s inverter, process the site development plan application as a permitted use subject to the review standards in § 4–205 of the Land Use Article.

(3) A ground mounted solar energy generating station with a generating capacity of more than 5 megawatts, as measured by the alternating current rating of the solar energy generating station’s inverter, may not be located on any lot, parcel, or tract of land that, as of January 1, 2025, is located within:

(i) a Tier 1 or Tier 2 mapped locally designated growth area adopted under § 1–506 of the Land Use Article;

(ii) a medium density residential area or high density residential area, as defined in § 5–1601 of the Natural Resources Article; or

(iii) a mixed–use area with a residential component.

(4) (i) The total combined number of solar energy generating stations that may be approved for construction in a priority preservation area that was established before January 1, 2025, shall:

1. be limited in area to 5% of the total acreage of the priority preservation area;

2. be located in the project area within the priority preservation area; and

3. meet all requirements under this section.

(ii) The prohibitions in paragraph (1) of this subsection do not apply to the remaining 95% of a priority preservation area once the 5% limitation under subparagraph (i) of this paragraph has been achieved for the priority preservation area.

(iii) A county shall report to the Commission when the 5% limitation under subparagraph (i) of this paragraph has been achieved for a priority preservation area.

(i) Nothing in this section may be construed to add any additional limitations to the authority of the Commission in the approval process for an application for a certificate of public convenience and necessity.